Bill would toughen charge for assaulting police

Jennifer Fusco

Friday

Jan 25, 2008 at 12:01 AMJan 25, 2008 at 11:32 PM

Some local officials and law enforcement members say they will do whatever they can to help Mohawk Valley state representatives get a bill passed that makes it a felony to use force against a police or peace officer.

Some local officials and law enforcement members say they will do whatever they can to help Mohawk Valley state representatives get a bill passed that makes it a felony to use force against a police or peace officer.

State Sen. Joseph Griffo, R-Rome, and Assemblywoman RoAnn Destito, D-Rome, introduced the bill this month in the state Senate and the Assembly. It would amend the state's penal law to create the crime of aggravated harassment of a police officer, a Class E felony.

Oneida County Sheriff Daniel Middaugh said he will lobby in Albany for the passage of the bill.

“This is a breakthrough for law enforcement,” he said.

Felony charges were associated with the September attack on police officer Dzenan Sabanovic while he was responding to a call outside the James Street Market.

However, as the law stands now, unless there's a sign of a physical injury on the officer, there could be no felony charge, District Attorney Scott McNamara said.

“Had there been no allegation of a broken nose, that would have been a violation, and not even a crime,” McNamara said.

About a month ago, a New Hartford police officer was kicked in the groin during an incident, McNamara said. That, under current law, is not a felony, he said.

Under the proposed bill, any physical assault upon an on-duty officer - whether an injury was suffered or not - would be charged as a felony, McNamara said.

“What this does - it makes the actual attacking of a police officer a felony,” he said.
Griffo said it needs to be made clear there will be a serious penalty for using force on a police or peace officer in the line of duty.

“The men and women who patrol the streets of our cities deserve every possible protection we can offer them,” he said.

Destito said officers' work is often taken for granted, and this legislation is another way to show them support.

“I have spoken to a number of my constituents who strongly believe we need to do more to protect police officers,” she said.

Utica resident Thomas Salsbury, who has a family member in law enforcement, said he supports the proposed legislation.

“I would think it's only fair,” he said. “Our police are always trying their best.”

The bill is in committee in the state Senate and Assembly and needs to be passed by both houses and signed by the governor before the law could take effect.

This could take as little as several months, officials said.

Utica police Chief C. Allen Pylman said training, cameras, vests and other equipment can only help an officer to a certain point.

“This is another part of the puzzle we needed for a long time,” he said.